The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9445

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  PAULIN, CERETTO, GALEF, GOTTFRIED, KAMINSKY,
  LINARES, PICHARDO,  TITONE,  ZEBROWSKI,  McDONOUGH,  MURRAY,  RAIA  --
  Multi-Sponsored  by  -- M. of A.  COOK, DAVILA, MAGEE, RA -- read once
  and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to the care
  of animals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (e), (g) and (h) of subdivision 1 of section 401
of  the  agriculture and markets law, paragraphs (e) and (g) as added by
chapter 259 of the laws of 2000, and paragraph (h) as added  by  chapter
110 of the laws of 2012, are amended to read as follows:
  (e)  The  indoor facilities housing the animals shall be provided with
adequate lighting sufficient to permit routine inspection  and  cleaning
and  be arranged so that each animal is protected from excessive illumi-
nation which poses a health hazard to the animal.  ANIMAL AREAS MUST  BE
PROVIDED  WITH REGULAR DIURNAL LIGHT CYCLES OF EITHER NATURAL OR ARTIFI-
CIAL LIGHT.
  (g) In the event that a pet dealer has a pregnant or  nursing  dog  on
his  or  her  premises,  the pet dealer shall provide a whelping box for
such dog.  SEPARATE AND APART FROM THE WHELPING BOX, A PET DEALER  SHALL
PROVIDE  A  PREGNANT  OR NURSING DOG WITH A SEPARATE SPACE ACCESSIBLE TO
HER THAT COMPLIES WITH THE STANDARDS SET FORTH IN PARAGRAPH (B) OF  THIS
SUBDIVISION. EACH NURSING DOG SHALL BE PROVIDED WITH A SUFFICIENT AMOUNT
OF  FLOOR SPACE TO NURSE AND CARE FOR HER LITTER, BASED ON HER BREED AND
BEHAVIORAL CHARACTERISTICS AND IN  ACCORDANCE  WITH  GENERALLY  ACCEPTED
HUSBANDRY PRACTICES.
  (h)  Pet  dealers  shall  designate  and provide an isolation area for
animals that exhibit symptoms of  contagious  disease  or  illness.  The
location  of  such  designated area must be such as to prevent or reduce
the spread of disease to healthy animals AND  MUST  OTHERWISE  MEET  ALL
HOUSING REQUIREMENTS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14436-02-6

A. 9445                             2

  S  2. Subdivision 2 of section 401 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  2.  Sanitation.  Housing  facilities, including primary enclosures and
cages, shall be kept in a clean condition in order to maintain a healthy
environment for the animal. This shall include removing  and  destroying
any agents injurious to the health of the animal and periodic cleanings.
PRIMARY  ENCLOSURES  MUST  BE  CLEANED DAILY AND SANITIZED AT LEAST ONCE
EVERY TWO WEEKS USING ONE OF THE FOLLOWING METHODS: (A) LIVE STEAM UNDER
PRESSURE; (B) WASHING WITH WATER WITH A  TEMPERATURE  OF  AT  LEAST  ONE
HUNDRED AND EIGHTY DEGREES FAHRENHEIT AND SOAP OR DETERGENT; (C) WASHING
ALL  SOILED  SURFACES WITH APPROPRIATE DETERGENT SOLUTIONS AND DISINFEC-
TANT OR BY USING A COMBINATION DETERGENT OR  DISINFECTANT  PRODUCT  THAT
ACCOMPLISHES  THE  SAME PURPOSE WITH A THOROUGH CLEANING OF THE SURFACES
TO REMOVE EXCRETA, FECES, HAIR, DIRT, DEBRIS AND FOOD  WASTE  SO  AS  TO
REMOVE  ALL  ORGANIC  AND  MINERAL  BUILDUP AND TO PROVIDE SANITIZATION,
FOLLOWED BY A CLEAN WATER RINSE. The primary enclosure or cage shall  be
constructed so as to eliminate excess water, excretions, and waste mate-
rial.  Under no circumstances shall the animal remain inside the primary
enclosure or cage while it is being cleaned with LIVE STEAM, sterilizing
agents or agents toxic to animals or  cleaned  in  a  manner  likely  to
threaten  the  health and safety of the animal. Trash and waste products
on the premises shall be properly contained and disposed  of  so  as  to
minimize the risks of disease, contamination, and vermin.
  S  3.  Paragraphs  (c)  and (d) of subdivision 3 of section 401 of the
agriculture and markets law, as added by chapter  259  of  the  laws  of
2000, are amended to read as follows:
  (c)  [Food]  SANITARY FOOD receptacles shall be provided in sufficient
number, of adequate size, and so located as to enable each animal in the
primary enclosure or cage to be supplied  with  an  adequate  amount  of
food.
  (d) Animals shall be provided with [regular] CONSTANT access to clean,
fresh  water,  supplied  in  a sanitary manner sufficient for its needs,
except when there are instructions from a duly licensed veterinarian  to
withhold water for medical reasons.
  S  4.  Subparagraphs  (iv)  and (v) of paragraph a of subdivision 5 of
section 401 of the agriculture and markets law, as added by chapter  110
of the laws of 2012, are amended and a new subparagraph (vi) is added to
read as follows:
  (iv)  Adequate  guidance  to personnel involved in the care and use of
animals regarding handling and immobilization; [and]
  (v) Pre-procedural and post-procedural care in accordance with  estab-
lished veterinary medical and nursing procedures[.]; AND
  (VI)  IN  THE CASE OF DEALERS WHO SELL OR OFFER TO SELL TWENTY-FIVE OR
MORE DOGS OR CATS PER YEAR TO THE PUBLIC FOR PROFIT THAT  ARE  BORN  AND
RAISED  ON THE DEALER'S RESIDENTIAL PREMISES, ANNUAL VETERINARY EXAMINA-
TIONS, AT A MINIMUM, FOR ALL INTACT ADULT DOGS OR CATS ON SUCH  DEALER'S
PREMISES.
  S  5.  Subdivisions  6  and  7  of  section 401 of the agriculture and
markets law, subdivision 6 as added by chapter 259 of the laws of  2000,
subdivision  7  as added by chapter 110 of the laws of 2012, are amended
and two new subdivisions 8 and 9 are added to read as follows:
  6. Humane euthanasia. Humane euthanasia of an animal shall be  carried
out ONLY BY A LICENSED VETERINARIAN AND in accordance with section three
hundred seventy-four of this chapter.

A. 9445                             3

  7.  Exercise  requirements. Pet dealers shall develop, maintain, docu-
ment, and implement an appropriate WRITTEN plan to provide dogs with the
opportunity for daily exercise. In developing such  plan,  consideration
should  be given to providing positive physical contact with humans that
encourages  exercise through play or other similar activities. Such plan
shall be approved by the  attending  veterinarian,  and  [must  be  made
available  to  the  department  upon  request]  SHALL BE PROVIDED TO THE
DEPARTMENT ANNUALLY AND  IN  ACCORDANCE  WITH  ANY  REGULATIONS  IT  MAY
PROMULGATE.
  8.  FIRE SAFETY. ALL PET DEALER PREMISES MUST BE EQUIPPED WITH A SMOKE
ALARM THAT  IS  OPERATING  PROPERLY  AND  MUST  HAVE  A  MEANS  OF  FIRE
SUPPRESSION,  SUCH  AS  FIRE  EXTINGUISHERS, ON THE PREMISES AND IN GOOD
REPAIR. PET DEALERS, EXCEPT THOSE WHO SELL  OR  OFFER  TO  SELL  ANIMALS
SOLELY WITHIN THEIR PRIMARY RESIDENCE, MUST ALSO HAVE AN AUTOMATIC MEANS
OF  FIRE SUPPRESSION, SUCH AS A SPRINKLER SYSTEM, ON THE PREMISES AND IN
GOOD REPAIR.
  9. GROOMING. ALL ANIMALS SHALL BE GROOMED REGULARLY TO PREVENT  EXCES-
SIVE MATTING OF FUR, OVERGROWN TOENAILS AND FLEA AND TICK INFESTATION.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on its effective date are authorized to be made and completed
on or before such effective date.